2 Herald - Lantern - Dispatch 5 February '86

[ In Romney East Judge Upholds Sewer Denial

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By GREGG LAWSON COURT HOUSE - Superior Court Judge Richard J. Williams has dismissed a lawsuit that claimed Middle Township S e w age Commission "wrongfully refused" a sewage connection at Romney East Development. Williams upheld the commission's position of denying new service to anyone who would increase the flow to its sewage treatment plant, already at capacity. Plantiffs Samuel C. Stokes and Romney Associates, field for a reversal of the commission's decision, denying a I connection to Stokes, who planned to build a home in the 19-lot subdivision. East Romney Place and Crest Road The lawsuit claimed the board ignored a Sept. 1. 1983 resolution that granted sewer connection approval for all lots in Romney East. But. according to commission Chairman Albert Karaso. the resolution only authorized an application to the state Department of Environmental Protection (QEP) for a sewer main extension to Romney East. "THAT'S ALL it was. and that's what the judge ruled in this case." Karaso said. "That (resolution) didn't give anyone any individual permits ." The resolution was passed by the discredited former commission, which approved eight permits to connect . Stokes was not one of them, and he alleged the commission refused to

transfer a permit to him. Williams' Jan. 23 ruling said that Stokes "has failed to exhaust his administrative remedies with regard to the request to transfer." Although Stokes appeared at an October commission meeting and requested a transfer, he did not formally apply for one. Jeffrey April, attorney for the plaintiffs, said Stokes "is in the process of" applying for a transfer. The permit would come from someone in Romney Associates. April said, but he didn't know who. The firm includes Thomas J. Repici, of Avalon Real Estate's Court House office: Realtors William H. Tozour and David J. Kerr of Avalon Real Estate's Avalon office; Avalon masonry contractor Marino Cosenza. and Realtor Roger J. Soens of Soens and Moore in Avalon. The second and third counts of the suit, which alleged that commission members have been misusing their positions to obstruct development and slandered and libeled Romney Associates, were dismissed "with prejudice." That means the charges can't be filed again. Stokes couldn't be reach for comment, but April said the commission seeks to further punish Repici. who was convicted of theft of services for illegally connecting his Hy-Land Motor Inn to Middle Township sewers and recently denied an appeal. REPICI SOLD THE lot to Stokes March 20. 1984 for

$25,000. Stokes has said he assumed the lot came with city water and sewers. "The sewage commission in blind hatred is denying (Stokes) a way to tie-in only because of a deep, abiding hatred of Thomas Repici." April said. "I suggest that, if Sam Stokes did not buy his lot from Repici. he would be sleeping in his bedhoom right now and flushing his toilet." "It's embarassing to hear such a thing." replied Karaso. "None of those thoughts ever entered my mind. "The reasons why his application was denied are all public record." he added. "The plaintiffs sought court action to reverse that decision, and the court upheld our decision, based on the facts that were presented." The commission voted 3-2 against a hookup July 16 based on the following findings. • The subdivision is an extension beyond the jurisdictional boundaries of the commission. • The engineering report indicates that the sewage flow from Stokes' house would be 400 gallons a day • The commission is under a state DEP sewer extension warning for being at least 80 percent of capacity. • It is under a capacityassurance program for the same reason • The lot has city water and is of a size adaptable for septic. KARASO ALSO SAID that no one has officially come before the commission and applied for a per-

mit transfer. Therefore, the commission doesn't have a policy on permit transfers, and will have to develop one. The history of Romney East is that the previous commission, after years of refusing to grant sewer extension applications, gave approval Sept. 1. 1983 to Romney Associates for the subdivision. Soens told this newspaper in April 1984 that he and Cosenza originally owned most of the land there. They brought in the other principals. Soens said, in a joint venture to get the project moving. About to be replaced by a newly-elected commission in January, 1985, the lameduck commission approved eight permits to connect Stokes was not one of them. Current commission Clerk Jeanne DeVico said one permit went to Philip Charles, who moved his house from North Main Street to Crest Road and did not add to the district's sewage flow. The other seven included two to Cosenzo. one each to Tozour Soens, Pam Bond. Joseph Rich, and to David or Barbara Kerr. Stokes' $100 hookup fee. / dated Jan. 26. arrived afier'Vx' the new commission look/ office The commission faced a two-fold problem : its plant is at its capacity of 100.000 gallons a day the previous commission apparentlyacted in an area beyond its jurisdictional limits.

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